Hi - we had a sitution where one of my sister from our family is blackmailing me that she will go to court for one of anchestral property. To be frank - we take care of her and her's childrens in all aspects. We are ready to give her property only whenever she returns out money which she took for their childrens sake. She is not ready to give back my money but she needs her property. In this situation - can you please suggest what action should i can take and also can you please let me know how much share would she get from anchestral property or from my mother's property. We are 4 people for our parents. Thanks in advance
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Dear Querist
Issue a legal notice to her and claim your money back, if she is not ready to return your money then after notice period you may file a civil suit for recovery.
The ancestral property will be divided in all share holder if owner of the property died intestate.
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1) you should give your sister her share in property
2) if sister files suit for partition you would spend lot of money in legal fees
3) litigation is long drawn and an expensive proposition
4) kindly clarify on what basis you say it is ancestral property
5) property which has remained undivided for four generations would be ancestral property
1. It is not clear on what basis you claim the property as ancestral. The concept of ancestral property is most misunderstood in India, even by legal pundits. Be that as it may, if the property is ancestral in her hands then she is at liberty to file a suit for partition to cull out separate share therein. Her share cannot be abrogated or curtailed due to the fact that you have been supporting her financially. The share which accrues to one through succession cannot be set off against the financial assistance given to him by other heirs.
2. Her exact share can be calculated only if the source of property and the number of heirs is known.
1. To get back the money from your sister, get a cheque from her for the due amount along with a note stating that she owes this due amount and hence this cheque. In case this cheque bounces then you can file a case against her for recovery of your money U/s 138 of Negotiable Instruments Act.
2. Assuming that your parents are no more and have died intestate(without executing WILL), then the property would devolve equally to all the 4 legal heirs in the ratio of 1/4 th share entitlement to each one of you.
1. Ancestral property is defined differently than what the general people perceive. If a title of a property flows for 4 generations being uninterrupted by any partition/sale/settlement/gift deed or will, i.e. from great grandfather to great grand children, then the said property is called ancestral property which can not be inherited by the female great granddaughter if her father has died intestate before the year 2005.
2. Your said sister will be entitled to her parental properties in equal share with all her other siblings.
3. You can not adjust the amount you have spent on her or the amount she has taken loan from you against the value of her inheritance of her parental properties.
4. You can file a money suit claiming refund of the amount she has taken loan from you with interest duly submitting evidence in support of your said claim.
5. You are not no body to 'give her property' at your terms i.e." only whenever she returns our money which she took for their childrens sake ", since she is entitled to her share of the said parental property like you.
6. As explained above, she will not get any share if it is ancestral property and if your father has died intestate before 2005 and otherwise she will get equal share of the parental property along with you.
7. Based on the above, it will be prudent on your part to amicable settle the matter.
Without knowing the nature of property and whom does it belongs, it may not be proper to give any opinion on this.
You may revert with the property and title details
